Know Code of Civil Procedure- Part VIII

Описание: A brief overview of Orders 46 to 51 of the Code of Civil Procedure, 1908 (CPC):

Order 46: Reference
• Scope: Deals with situations where a subordinate court refers a question of law for the decision of a higher court (usually the High Court).
• Key Points:
• Reference can be made when a subordinate court is in doubt regarding a point of law.
• The decision of the higher court is binding on the subordinate court.
• The process requires a proper statement of facts and framing of the legal question.

Order 47: Review
• Scope: Governs the procedure for reviewing a judgment or order by the same court that passed it.
• Key Points:
• Grounds for review include:
• Discovery of new evidence not within the applicant’s knowledge.
• Error apparent on the face of the record.
• Any other sufficient reason.
• Applications for review must be filed within the prescribed limitation period.

Order 48: Miscellaneous
• Scope: Provides general provisions that do not fall under specific orders.
• Key Points:
• Includes procedural aspects that may be necessary to address unique situations.
• Often applied to ensure smooth conduct of proceedings.

Order 49: Chartered High Courts
• Scope: Contains provisions applicable only to Chartered High Courts (e.g., Bombay, Madras, and Calcutta High Courts).
• Key Points:
• These courts are exempted from certain procedural requirements of the CPC.
• Allows flexibility for Chartered High Courts to create their own rules for procedures.

Order 50: Provincial Small Cause Courts
• Scope: Applies specifically to the procedure in Provincial Small Cause Courts.
• Key Points:
• Simplified procedures for small claims.
• Exempted from certain complex procedural requirements of the CPC.

Order 51: Presidency Small Cause Courts
• Scope: Governs the procedure in Presidency Small Cause Courts.
• Key Points:
• Similar to Order 50 but specific to Presidency towns like Mumbai, Kolkata, and Chennai.
• Focuses on simplified processes for expeditious disposal of small claims.

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